Geo Care Australia Pty Ltd

[2013] FWCA 7637

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geo Care Australia Pty Ltd
(AG2013/2972)

GEO CARE AUSTRALIA NURSES (VICTORIAN PRISONS) ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 1 OCTOBER 2013

Application for approval of the GEO Care Australia Nurses (Victorian Prisons) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the GEO Care Australia Nurses (Victorian Prisons) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Geo Care Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 8 October 2013. The nominal expiry date of the Agreement is 7 October 2017.

[4] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Geo Care Australia Pty Ltd, an employer, sought approval of the GEO Care Australia Nurses (Victorian Prisons) Enterprise Agreement 2013. The matter was heard by the Fair Work Commission, specifically Commissioner G E McCrossin. The applicant argued that the agreement contained appropriate provisions for the employment of nurses within the Victorian prison system, addressing various aspects such as wages, conditions, and dispute resolution mechanisms.

The primary legal issue before the court was whether the terms of the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement contained the necessary "protected action provisions," ensuring that it did not unfairly disadvantage any employees, and verifying that the agreement was genuinely negotiated between the employer and the relevant employee representatives.

The commissioner found that the agreement did indeed contain the necessary protected action provisions and that it did not unfairly disadvantage any employees. The negotiation process was deemed to be genuine, as evidenced by the participation of the relevant employee representatives. The commissioner also noted that the agreement contained provisions that were consistent with the Fair Work Act, including provisions for dispute resolution, employee entitlements, and working conditions. Consequently, the commissioner approved the enterprise agreement, finding that it met all statutory requirements.

The final orders of the commission were that the GEO Care Australia Nurses (Victorian Prisons) Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the commission's decision. The approval was subject to the agreement being registered with the Fair Work Commission within the prescribed timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established